Ti
‘I
RECEIVED
CLERK’S OFFICE
AUG 192005
STAtE OF’ILLINOIS
Pollution Control Boart.
Office: 314-647-5550
Fax:
314-647-2002
PETROLEUM
6760 Southwest Avenue
St. Louis, Missouri 63143-2635
August 9, 2005
Marie Tipsord, Hearing Officer
Pollution Control Board
James R. Thompson Center
100W. Randolph, Suite 11-500
Chicago, Illinois 60601
Re: Proposed Revisions to Leaking Underground Storage Tank Regulations Part 732 and
734
Dear Ms. Tipsord:
Midwest Petroleum Company is a petroleum marketer operating in the states ofIllinois
and Missouri. We currently are responsible for clean up on five properties in Illinois.
Midwest has prepared this correspondence in regards to the Illinois Environmental
Protection Agency’s (TEPA) proposed changes to 732 and 734. Specifically, the EPA is
proposing to limit onsite cleanup ‘cost reimbursement to Tier. 2 TACO objectives and not
allow owners/operators back into the LUST, Fund after an NFR letter has been issued for
a site. The Board stated in its February 17, 2005 Opinion and Order on Page 76,
“Participants have expressed concerns that if reimbursement is limited to Tier 2
objectives and some future event occurs, the owner or operator may be liable for
additional cleanup. The Board finds that these hypothetical problems are not sufficient to
warrant a change in the UST program to this extent. The Board invites additional
comment on this issue.” In response to the Board’s request for additional comments we
provide the following:
Midwest Petroleum Company owns a convenience station located in Columbia, Illinois.
The EPA project manager
strongly
encouraged the use ofan Environmental Land Use
Control (ELUC) and a groundwater restriction to address the contaminants at this site.
Midwest contacted the adjacent property owner for obtaining the ELUC. The adjacent
property owner has agreed to an ELUC on their property, however, their lawyer has
drafted a letterto Midwest stating the owners ofthe property will hold Midwest liable in
the event ofa future occurrence. The property is currently being sold and the new
owners intend to construct a building. Their lawyer has informed Midwest if
contaminated soils or groundwater are encountered during the construction they will hold
Midwest liable for the cost ofdisposing the soil and any contaminated groundwater. In
addition, the’.Illinois Department of Transportation (IDOT) will need to be contacted in
order to obtain a Highway Authority Agreement for the contamination under Illinois
Route 3 ‘which migrated from our site.
IDOT
requires in their Highway Authority
Agreement that the owner/operator reimburse DOT the reasonable cost to perform any
site investigations and to dispose ofany contaminated soil or groundwater which may be
encountered in order to construct, reconstruct, improve, repair, maintain and operate a
highway. Specifically, DOT in item 12 ofthe Highway Authority Agreement, states,
“The Department reserves the right and the right ofthose using the property under permit
to remove contaminated soil or groundwater above Tier 1 residential remediation
objectives from its Right-of-Way and to dispose ofthem as they deem appropriate not
inconsistent with applicable environmental regulations so as to avoid causing a fbrther
release ofthe Contaminants and to protect human health and the environment.” Ifthe
Board adopts the changes as proposed by the EPA, Midwest will not be able to access
the fbnd for future claims, but will be held responsible by DOT and by the adjacent
property owner.
The USEPA requires an owner/operator to obtain insurance to meet the Federal Financial
Responsibility Requirements. In Illinois, the Underground Storage Tank program was
established allowing the owners/operators to meet the Federal requirements. Ifthe
Illinois UST Fund will not allow an owner/operator back into the Fund, the effect is the
Illinois UST Fund is no longer in compliance with the Federal requirements which
specifically states as obtained from USEPA’s website, “Congress wanted owners and
operators ofunderground storage tanks (UST5) to show that they have the financial
resources to clean up a site if a release occurs, correct environmental damage, and
compensate third parties for injury to their property orthemselves”.
I am a member ofthe Missouri Petroleum Storage Tank Insurance Fund. In Missouri, we
were also concerned with the amount ofdollars that were being spent for cleanup.
Missouri also requires an owner/operator to use deed restrictions from adjacent property
owners. However, in Missouri, the owner/operator is not restricted from accessing the
fund for future liability claims.
Sincerely,
c)~a;tt
Cc: illinois Petroleum Marketers Association
